Rabbi Prof. Dov Fischer
Rabbi Prof. Dov FischerCourtesy
Reality dictates a blend of decency and practicality. Anonymous tweeters can call for extreme measures, but reality demonstrates that even Itamar Ben-Gvir and Bezalel Smotrich recognize the limits that inhere with the fresponsibility of power.

They finally have power. They no longer have to shout slogans or generate drama to get attention. When the Leftist corrupt media — Channels 11, 12, 13, Haaretz, etc. — ignore you, you have to get creative and circus-like to get through. The corrupt Left media takes a demonstration of 50,000 that they promote and advertise in advance throughout their daily “news” programs and then report it as 100,000 people if it is the Left cause - but do not even cover it if it is the Right cause.

Mainstream media cover it live if it is Left, while they give it cursory coverage, if at all, if it is Right. So, before he attained cabinet-level influence, Ben-Gvir needed to move his offices to Sheikh Jarrah and to generate drama to get attention.

Now he has a seat at the table. And, oh my, he is proving what so many of us knew all along: he is ready to be a leader in a perfectly acceptable manner, as is Smotrich. We knew all along they are not fascists, and they are doing a heck of a job so far, given the obstacles impeding them.

It is ridiculous to think that Arab terror was going to stop one month into the new government’s reign. Legislation and changes take time. They have to be done right, with real seichel (brains). A hastily drafted law can end up resulting in punishments that do not distinguish between terror by Arabs intent on murdering Jews and destroying Israel, on one hand, and responsive violence by Jews incensed by the failure of police to maintain law and order, and protect Jews in Judea and Samaria or in “integrated mixed cities.”

The Talmud teaches in Eruvin 53b that there is a long road that is short and a short road that is long. If it takes a bit of time to get the legislation drafted right, negotiated with the other side, and passed, so be it. Certainly, too much time must not be wasted negotiating and compromising, but I trust that Smotrich and Ben-Gvir will keep each other honest and keep the momentum rolling forward.

As they strategize, here are some of my thoughts:

1. If an Arab kills a Jew or Druze or pro-Israel Arab (there are several) because that victim is a Jew or Druze or Arab who supports Israel (collectively, “terror victims”), and that Arab is alive after the terror attack, then: (i) give him a very fair trial — but calendar it for a speedy date, a rocket docket, because justice delayed is justice denied; (ii) if convicted, then let him appeal — and fast; and (iii) if the conviction is affirmed, he or she gets the death penalty.

For years until 1967, Utah gave death-convicted prisoners a choice: firing squad or hanging. Israel can do the same, adding lethal injections and electric chairs to the menu. A smorgasbord of options. Since Utah seems to be the Left’s favorite state for Israeli lesbians and homosexuals to marry, may as well follow the book of Mormon on capital punishment.

If Eichmann was death-eligible, so should be any Arab terrorist who murders a terror victim. For their last meals, the terrorist should be served gefilte fish and kishka, Ashkenazic delicacies sure to entice the Arab Muslim palate. If they want more to eat, they should be offered p’tcha (jellied calves’ feet). Too good for them? Give them a scoop of Israeli Ben and Jerry’s for dessert. Well, we are a beneficent people.

2. Sometimes the terrorist gets killed — neutralized — before trial. In such a case, the corpse should be held in custody until all Israeli prisoners of Hamas are freed. Put the body on ice, and include a pig in the morgue drawer. Let prospective Arab murderers know this in advance.

In addition, all the following should apply to all Arab terrorists, dead or alive:

3. For every terror victim injured in a terror attack, five illegally built Arab houses should be torn down. For every terror victim murdered, G-d forbid, twenty should be torn down. Obviously, they all should be torn down — yesterday. But they have not been, and realistically they won’t be all torn down at once. So dedicate each manageable set of obliterations to a terror victim incident.

4. For every terror attack resulting in a death, a new Jewish community should be legally established in Judea or Samaria. The obvious first one, in the aftermath of the Jerusalem murder of seven holy martyrs outside a synagogue, is to legalize, if the land is not privately owned, Ohr Chaim, built near Migdalim, the new community intended in memory of Rav Chaim Druckman.

5. For every terror attack — death or no death resulting — all Identity Certificates (teudot zehut) should be confiscated permanently from all family members. For the purpose of this rule, a “family member” should include the terrorist’s parents, grandparents, great-grandparents if still in circulation, brothers and sisters (if married, with their respective spouses and offspring), all uncles, all aunts, and all cousins (if married, with their respective spouses and offspring).

Together with confiscating all those Identity Certificates, the Government immediately should cut off all social-welfare benefits from those decertified relatives. Thus, they would lose stipends for children, health care benefits, maternity benefits, old-age pensions, disability pensions, unemployment benefits, and low-income support.

6. All those listed above in Paragraph 5 should be expelled from Israel within 30-60 days, as soon as practicable. Ideally, they should be dropped off across the border in Syria or in Qatar. Gaza will also do.

7. For every terror attack — death or no death resulting — all houses and possessions belonging to all people enumerated in Paragraph 5 should be seized under eminent domain and then liquidated (sold for cash), with the assets turned over to (i) families of terror victims, and (ii) pro bono law firms and organizations that sue terror-sponsoring countries and terror groups for damages. Jews should be permitted to bid at auction for those properties.

In addition:

8. A law must be passed that all taxes collected in Israel for the Abu Mazen junta first must be allocated to pay terror-victim plaintiffs all court judgments assigning damages to them, going as far back as such awards have been made. That law also must include a 99 percent excise tax on all “Pay to Slay” remittances that have been made or are made by the Abu Mazen junta to anyone now in Israeli custody. And that law must include a clause that no money withheld under this law ever may be transferred later to the Abu Mazen junta unless a minimum of 100 Knesset members vote otherwise.

Try those out. If Israel needs to get really serious, then we can explore more stringent steps.

Postscript to the Israeli Supreme Court: Anything less than the above eight steps would be "unreasonable".

Rabbi Prof. Dov Fischer is Senior Contributing Editor at The American Spectator, Vice President of the Coalition for Jewish Values, was adjunct professor of law at two prominent Southern California law schools for nearly twenty years, and is Rabbi of Young Israel of Orange County, California. He likewise has held leadership roles in several national rabbinic and other Jewish organizations including Zionist Organization of America, Rabbinical Council of America, and regional boards of the American Jewish Committee and B’nai B’rith Hillel Foundation. He was Chief Articles Editor of UCLA Law Review and clerked for the Hon. Danny J. Boggs in the United States Court of Appeals for the Sixth Circuit. His writings have appeared in Newsweek, National Review, Wall Street Journal, New York Post, Los Angeles Times, Federalist, Jerusalem Post, Israel Hayom, and other major Jewish and Israeli Hebrew media. Other writings are collected at www.rabbidov.com.

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